Loading...
PC16-261Resolution PC 16-261 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE, CALIFORNIA APPROVING REVISED UNIT PHASING MAP NO. 2016-048 CHANGING THE SEQUENCING ORDER OF THE THIRD (FINAL) PHASE OF TR 31822 FROM PHASE 3 (FINAL PHASE) TO PHASE 1 Whereas, on August 31, 2006, Audie Murphy Ranch, LLC, filed a formal planning application with Riverside County for Unit Phasing Map No. 562 which allowed the development of the third (final) phase of Tract 31822 (Lots 1-64 and Recreational Area); and, Whereas, on December 14, 2006, Riverside County approved Unit Phasing Map No. 562; and, Whereas, on February 24, 2016, the applicant, K&A Engineering, submitted an application to the Community Development Department to change the sequencing order of the final phase of TR 31822 approved by Riverside County on December 14, 2006 under Unit Phasing Map No. 562 (UPH00562) from Phase 3 (i.e., final phase) to Phase 1; and Whereas, on April 27, 2016, the City of Menifee Planning Commission removed the item from the Consent Calendar and continued the item off calendar per the applicant's request; and, Whereas, on June 22, 2016, the City of Menifee Planning Commission, as part of their Consent Calendar, considered Planning Application Revised Unit Phasing Map No. 2016-048 and considered materials in the staff report and accompanying documents; and, NOW, THEREFORE, the Planning Commission of the City of Menifee resolves as follows: Section 1. With regard to UPH 2O16-048, the Planning Commission hereby makes the following findings: Consistency with the General Plan. The plot plan is consistent with the General Plan Land Use Map, Specific Plan and applicable General Plan objectives, policies, and programs. The General Plan land use designation of the project site is Specific Plan (Audie Murphy Ranch Specific Plan No. 209). The Specific Plan designates the property for 2.1-5 Dwelling Units per Acre Residential (2.1-5R), Recreation (OS- R): Community Recreation Center, and Recreation (OS-R): Parks. The project, which changes the sequencing order of the third (final) phase of TR 31822 from Phase 3 (i.e., final phase) to Phase 1, is consistent with the land use of the site. Surrounding General Plan land uses include additional properties within the Audie Murphy Ranch Specific Plan to the south and west and properties designated 2.1-5R to the north and 2.1-5R and OS-R to the east. Surrounding properties within the Specific Plan to the south and west are designated by the Specific Plan for open space and 2.1-5 Dwelling Units per Acre Residential (2.1- Resolution No PC 16-261 UPH 2O16-048 5R) uses. Therefore, the surrounding residentially designated property have a similar density to the project site's designated density. The project is consistent with the General Plan land use of the site and surrounding General Plan land use designations. 2. Consistency with the Zoning Code. The zoning of the site is Audie Murphy Ranch Specific Plan No. 209, Planning Areas 8, 40E, and 42. The proposed project is allowed under the Specific Plan and is consistent with the zoning and development standards of the Specific Plan. 3. Consistency with Ordinance 460 Regulating the Division of Land. Ordinance No. 460 states that "No unit map shall be approved unless it is complete and in compliance with all of the provisions of this ordinance, including fire protection, flood control, traffic circulation, access/secondary access and environmental considerations, and with all conditions of approval of the tentative map, including provisions and agreements for development of parks, schools, and other facilities, and specifically approved by the Director of Transportation or the Advisory Agency, whichever is appropriate, based on the application filed by the land divider." Fire Protection: UPH 562 was originally conditioned by Riverside County Fire. Adequate fire protection has been provided with compliance with the tract map conditions. Flood Control: The City's Engineering Department has reviewed the phasing maps and conditioned for drainage improvements for flood control to coincide with the phasing of the map. Adequate flood control has been provided with compliance with the tract map and unit phasing map conditions of approval. Traffic Circulation and Access/Secondary: The City's Engineering Department has reviewed the phasing maps and conditioned for road improvements to coincide with the phasing of the map. The road improvements for each phase take into consideration traffic circulation and provide for primary and second access. Adequate traffic circulation and access has been provided with compliance with the tract map and unit phasing map conditions of approval. Environmental Considerations: Additional environmental review of the requested extension is not required. The County adopted an Addendum to Environmental Impact Report No. 436 (Environmental Assessment No. 39345) with the approval of the tentative tract map. The previous environmental documents analyzed and mitigated for all potentially significant effects from the development of the project. The approved mitigation measures have been incorporated into the conditions of approval. Conditions of Approval: The unit phasing maps are in compliance with the original conditions of approval. The unit phasing maps do not change the design of the maps or conflict with the conditions of approval. Resolution No PC 16-261 UPH 2O16-048 Ordinance 460 states that "No phased map shall be approved under Section 8.3 unless the Transportation Department [i.e., Engineering Department] has determined that any delay in property development allowed by phasing shall not: a. Delay the construction of any critically needed facility which is conditioned to be constructed with the delayed phase(s); b. Result in the increase in Mello -Roos assessments, or similar property improvement assessments to any existing end user of property within an improved district of which the phased areas to be delayed is a party; c. Cause a critical reserve fund deficiency, or where a critical deficiency already exists, increase said deficiency, in any Mello -Roos district, or similar property district, of which the phased areas to be delayed is a party; or, d. Cause increased expenses or assessments to existing end property uses or any property owners association, maintenance district or similar property maintenance facility of which the phased areas to be delayed is a part." The City of Menifee's Engineering Department has reviewed the proposed phasing maps and found that none of the above listed situations would be caused by approval of the revised phasing maps. Appropriate road and drainage improvements have been conditioned to be installed with each phase of the map. The unit phasing maps are in compliance with the findings required for approval per Ordinance 460, Section 8.3. 4. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare. The public's health, safety and general welfare are protected through project design and conditions of approval. Environmental impacts of the project were analyzed in an Environmental Assessment No. 39345 (Addendum to Environmental Impact Report No. 436) and Environmental Impact Report No. 436. The approved mitigation measures have been incorporated into the conditions of approval. The City of Menifee Community Development Department and Engineering Department, as part of the review of this Extension of Time request determined it necessary to recommend the addition of new conditions of approval in order to be able to make a determination that the project does not adversely affect the general health, safety and welfare of the public. The revised conditions include standard City conditions of approval (such as indemnification of the City). 5. Compliance with CEQA. Processing and approval of the extension application are in compliance with the requirements of the California Environmental Quality Act. Additional environmental review of the requested extension is not required. The County adopted an Addendum to Environmental Impact Report No. 436 (Environmental Assessment No. 39345) with the approval of the tentative tract map. The previous environmental documents analyzed and mitigated for all potentially significant effects from the development of the project. The approved mitigation measures have been incorporated into the conditions of approval. Resolution No PC 16-261 UPH 2O16-048 NOW, THEREFORE, the Planning Commission of the City of Menifee resolves and orders as follows: 1. The Findings set out above are true and correct. 2. Revised Unit Phasing Map No. 2016-048 is hereby approved subject to the Conditions of Approval Exhibit " 1 " to this Resolution. PASSED, APPROVED AND ADOPTED this the 22"d day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Attest: L Je fifer Allen, Deputy City Clerk Approved as to form: z Ajit T nd, Assistant City Attorney Scott A. Mann Mayor Greg August Mayor Pro Tern John V. Denver Councilmember Matthew Liesemeyer Councilmember Lesa Sobek Councilmember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.cityofinenifeems STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Jennifer Allen, Planning Commission Secretary of the City of Menifee, do hereby certify that the foregoing Resolution No. PC16-261 was duly adopted by the Planning Commission of the City of Menifee at a meeting thereof held on the 22"d day of June, 2016 by the following vote: Ayes: Doty, Karwin, Madrid, Phillips, Thomas Noes: None Absent: None Abstain: None Je ifer Allen, Deputy City Clerk G P, ENIFE� City of Menifee 29714 Haun Road Menifee, CA 92586 Conditions of Approval for Revised Unit Phasing Map Nos. 2016-047, 2016- 048, and 2016-077 GENERAL CONDITIONS 1. Project Description Revised Unit Phasing Map No. 2016-047 changes the sequencing order of the first phase of TR 31822 approved by the County of Riverside on December 14, 2006 under Unit Phasing Map No. 560 (UPH00560) from Phase 1 to Phase 3 (i.e., final phase). Revised Unit Phasing Map No. 2016-048 changes the sequencing order of the third and final phase of TR 31822 approved by the County of Riverside on December 14, 2006 under Unit Phasing Map No. 562 (UPH00562) from Phase 3 (i.e., final phase) to Phase 1. Revised Unit Phasing Map No. 2016-077 updates the Conditions of Approval for the second phase of TR 31822 approved by the County of Riverside on December 14, 2006 under Unit Phasing Map No. 561 (UPH00561) to be consistent with the updated conditions under UPH 2O16-047 and UPH 2O16-048. 2. Indemnification Applicant/developer shall indemnify, defend, and hold harmless the City of Menifee and its elected city council, appointed boards, commissions, committees, officials, employees, volunteers, contractors, consultants, and agents from and against any and all claims, liabilities, losses, fines, penalties, and expenses, including without limitation litigation expenses and attorney's fees, arising out of either the City's approval of the Project or actions related to the Property or the acts, omissions, or operations of the applicant/developer and its directors, officers, members, partners, employees, agents, contractors, and subcontractors of each person or entity comprising the applicant/developer with respect to the ownership, planning, design, construction, and maintenance of the Project and the Property for which the Project is being approved. In addition to the above, within 15 days of this approval, the developer/applicant shall enter into an indemnification agreement with the City. The indemnification agreement shall be substantially the same as the form agreement currently on file with the City. 3. Definitions The words identified in the following list that appear in all capitals in the attached conditions of Unit Phasing Map No. 2016-047, 2016-048, and 2016-077 shall be henceforth defined as follows: Conditions of Approval Unit Phasing Maps UNIT PHASING MAP = Unit Phasing Map No. 2016-047, 2016-048, and 2016-077 for Phases 1-3 of TR 31822, dated 2/25/16. TENTATIVE MAP = Tentative Tract Map No. 31822, dated November 1, 2005. SPECIFIC PLAN = Specific Plan No. 209, Amendment No. 5 CHANGE OF ZONE = Change of Zone No. 6616 GPA = Comprehensive General Plan Amendment No. 581 FINAL MAP = Final Map or Parcel Map for the TENTATIVE MAP whether recorded in whole or in phases. 4. Comply with Prior Conditions Development and use of these unit phasing maps shall comply with all applicable conditions of Tract Map No. 31822 and Specific Plan No. 209, Amendment #5. 5. Ninety (90) Days The permittee has ninety (90) days from the date of approval of these conditions to protest, in accordance with the procedures set forth in Government Code Section 66020, the imposition of any and all fees, dedications, reservations and/or other exactions imposed on this project as a result of this approval or conditional approval of this project. 6. Ordinance Requirements This land division shall comply with the State of California Subdivision Map Act and to all requirements of County Ordinance No. 460, Schedule A, and Ordinance No. 348 unless modified by the conditions listed herein. 7. Park/Open Space Construction The timing of construction of the PA 40E and 42 located within TR 31822 shall be constructed pursuant to the conditions of TR 31822 as modified under Extension of Time No. 2015-200, regardless of what phase the Planning Areas are located within. ENGINEERING CONDITIONS: The following are the Public Works Engineering Department Conditions of Approval for these projects, which shall be satisfied at no cost to the City or any other Government Agency. All questions regarding the intent of the following conditions shall be referred to the Public Works Engineering Department, Land Development Section. The developer/property owner shall use the standards and design criteria stated in the following conditions, and shall comply with all applicable City of Menifee standards and ordinances. Should a conflict arise between City of Menifee standards and design criteria, and any other standards and design criteria, those of the City of Menifee shall prevail. Conditions of Approval Unit Phasing Maps A. General Conditions 8. Compliance with the State of California Subdivision Map Act - This land division shall comply with the State of California Subdivision Map Act and to all applicable City Ordinances and Resolutions. 9. Comply with Conditions of Approval for Tentative Tract Map 31822 Extension of Time — An Extension of Time, reference EOT 2015-200, for TTM31822 is being processed for City approval concurrently with these Unit Phasing Map Revisions, UPH 2O16-047, UPH 2O16-048, and UPH 2O16-077. All unit -phasing maps for TTM31822 shall comply with all the conditions of approval for EOT 2015-200 (Extension of Time for Tentative Tract Map 31822) unless revised, or specifically addressed under these UPH Conditions of Approval (COA). Phased final maps shall be in substantial conformance with approved tentative map. 10. Order of Recordation for Final Maps - The final map phases may record concurrently, or in phases. If multiple tract map phases are filed for final recordation, the phases shall be recorded in the following order: Phase I Tract Map 31822-1 shall record first, Phase II Tract Map 31822-2 shall record second, and Phase III Tract Map 31822-F or final shall record last. Prior to Final Map Recordation 11. Grading and Improvement Security and Agreements - Prior to recordation, financial security shall be provided for all required grading and improvements with each map phase. The developer/property owner shall post bonds or security in forms acceptable to the City and in accordance with applicable City policies and ordinances, and as determined and approved by the Public Works Director/City Engineer. Grading and improvements shall include, but not limited to: onsite/offsite grading, street improvements, street lights, traffic signals, signing and striping, landscaping within right of way or dedicated easements, water quality BMPs, and storm drainage facilities. 12.Offsite Improvements with Map Phasing — The developer/property owner shall provide offsite access roads to City -maintained roads as determined by the PW Department. The Public Works Director may require the dedication and construction of necessary utilities, streets or other improvements outside the area of any particular tract map phase if the improvements are needed for circulation, parking and access or for the welfare or safety 13. Offsite Right -of -Way or Easements - If off -site right-of-way or easements are required for development of each map phase, the developer is required to secure such right-of-way or easements at no cost to the City. In the event that the developer requires the City's assistance to condemn said right-of-way or easements, the developer shall enter into an agreement with the City for the acquisition of said right-of-way or easements pursuant to Government Code Conditions of Approval Unit Phasing Maps Section 66462.5, and pay any and all costs, as determined by the City, associated with the condemnation process. B. Street Improvements 14. All offsite and onsite street improvements shall be designed per City standards and specifications, and shall be subject to the approval of the PW Director/City Engineer. Prior to Final Map Recordation 15. Final Phasing Map TR31822-F, Street Easements or Dedications — Prior to final map recordation, any offsite easements or dedications from TR31822-1 and TR31822-2, necessary to provide street access to final phase TR31822-F shall be recorded either by the final map recordation of the first two phases, or by separate instruments. 16. Final Phasing Map TR31822-F, Termination of Honeyrun Rd --The developer shall submit a street termination design at the end of Honeyrun Rd consisting of, but not limited to, landscaping, sidewalk, pavement and curb & gutter. A concept of this design shall be reviewed and approved by the PW Director/City Engineer. There is an existing parkway landscaping along the north and south sides of Honeyrun Rd that are within the boundaries of City administered Landscaping and Lighting Maintenance District (L&LMD) 89-1 C Locations 26, 30 & 32 of L&LMD Zone 3. The landscaping irrigation improvement can tie to an available service point for one of these locations. The developer may revise an existing L&LMD approved plans or prepare a separate improvement plan for the termination improvement. The plans shall be reviewed and approved by the PW Engineering Department prior to final map recordation of Tract Map No. 31822-F. The timing for the delivery of the completed improvement shall be determined by the PW Director/City Engineer. C. Domestic Water, Recycled Water and Sewer Improvements 17. All required domestic water, recycled water, and sewer improvements shall be designed per the Eastern Municipal Water Districts (EMWD) standards and specifications, including required auxiliaries and appurtenances. The final design, including pipe sizes and alignments, shall be subject to the approval of EMWD. Prior to Final Map Recordation 18. Unit Phasing Map TR31822-F — Prior to final map recordation, any offsite easements or dedications from TR31822-1 and TR31822-2 that are necessary to bring domestic water, recycled water and sewer services to the final phase TR31822-F shall be dedicated and recorded either by the final map recordation of the first two phases, or by separate instruments. Conditions of Approval Unit Phasing Maps D. Water Quality Management Plans (WQMP) Prior to Grading Permit Issuance 19. Final Project Specific Water Quality Management Plans (WQMP) — Prior to issuance of a grading permit for any map phase, a FINAL project -specific WQMP for each map phase shall be reviewed and approved by the PW Engineering Department. The final WQMP shall be in substantial conformance with the previously approved Preliminary WQMP for the TTM 31822. Each WQMP maybe a stand-alone plan for each phase, or part of one WQMP approved for TTM31822, provided the approved WQMP for TTM31822 addresses the generated runoff from each map phase independent of each other. The project specific WQMP shall be reviewed and approved by the PW Department, following the latest WQMP guidelines issued by the Regional Water Quality Control Board. 20. WQMP Right of Entry and Maintenance Agreement - Prior to, or concurrent with the approval of the Final project -specific WQMP for each map phase, the developer and record property owner of each map phase shall record Covenants, Conditions and Restrictions (CC&R's), or enter into an acceptable Right -of -Entry and Maintenance Agreement with the City to inform future property owners of the requirement to perpetually implement the approved FINAL WQMP. Prior to Issuance of Certificate of Occupancy 21. Completion of WQMP BMPs and Facilities — Prior to issuance of any Certificate of Occupancy for any map phase, all structural Best Management Practices (BMPs) and/or WQMP Facilities required by the approved Final Project Specific WQMP shall be inspected for completion of installation in accordance with approved plans and specifications, and the FINAL WQMP. The PW Stormwater Inspection team shall verify that all proposed structural BMPs are in working conditions, and that a hard copy and/or digital copy of the approved FINAL WQMP are available at the site for use and reference by future owners/occupants. The inspection shall ensure that the FINAL WQMP at the site includes the BMP Operation and Maintenance Plan, and shall include the site for in a City maintained database for future periodic inspection. Conditions of Approval Unit Phasing Maps END OF CONDITIONS The undersigned, as the applicant or representative of the applicant in the above noted approval, hereby acknowledge receipt of these Conditions, have no questions regarding the requirements contained herein and applied to the approval of the request and shall abide by all such Conditions. (Applicant/Representative Signature) (Applicant/Representative — {Print Name}) (Date Signed)